JUDGMENT

FAZAL ALI, J.:— This appeal by special leave is directed against a judgment dated June 29, 1974 of the Rajasthan High Court overruling a preliminary objection taken by the accused before the Sessions Judge to the effect that the Sessions Judge, Tonk, was not competent to try the case as the accused Umesh Chandra was a child as contemplated by the provisions of the Rajasthan Children Act, 1970 (hereinafter referred to as the Act) on the date of the alleged occurrence. This Act appears to have been passed by the Rajasthan Legislature but after receiving assent of the President was enforced in various districts from time to time. Under the provisions of the Act any person below the age of 16 (sixteen) would be presumed to be a child and the trial of the delinquent child was to be conducted in accordance with the procedure laid down therein. The objection taken by the appellant was that as he was below the age of 16 at the time of the occurrence on 12-3-1973, he could not be tried by the Additional Sessions judge, Tonk, or the Additional Sessions Judge Jaipur city, to whom the case was transferred on 17-10-73.

2. The Sessions Judge overruled the objection taken by the accused a